Lawyers for the City of Montreal are in court today seeking leave to appeal the court-ordered suspension last week of its controversial new ban on pit bull-type dogs .
The city laid out its case against the suspension in a five-page request to appeal submitted Wednesday to the Court of Appeal of Quebec.
Among other points, the request argues that all sections of the bylaw concerning pit bull-type dogs should remain in effect until a verdict is reached in an SPCA-led court challenge of those rules.
Last week, Superior Court Justice Louis Gouin sided with the SPCA and co-plaintiff Odette Lours in their request for a suspension of those sections, ruling that the bylaw's "vague" and "imprecise" language concerning pit bull-type dogs needed clarification.
The city's appeal request says concerns raised by the SPCA and Lours are not exceptional nor serious enough to merit the suspension of new rules approved by "Montreal's elected representatives."
The city contends that the suspension puts private interests ahead of the public interest, contrary to jurisprudence, and it claims Gouin's ruling did not take the public interest into account.
If the suspension is not lifted, the public interest will suffer "patent, major, and irreparable harm," the request says.
Lawyers for the SPCA will also attend the hearing to argue for maintaining the court-ordered suspension.
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